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Draft Pesticide Management Bill-2017 not comprehensive enough to address issues on pesticides in India
In its comments submitted to joint secretary (Plant Protection), PAN India presented a detailed deliberation on problems, concerns and challenges on the Bill.
Further PAN India demanded transparency and comprehensive consultation process before the bill is finalized.
Pesticide Action Network (PAN) India, a non-profit organisation exclusively working on pesticides related issues complained that the draft Pesticide Management Bill 2017 is not comprehensive enough to address the multitude of concerns about pesticides in India. The Department of Agriculture Cooperation and Farmers Welfare made the draft bill available to stakeholders/public during the second half of February 2018, and sought comments within 15 days. While PAN India welcomed the initiative by the Union Government in seeking comments from stakeholders on the Bill, a critical review by it shows that the draft bill is rudimentary and basic without any serious content that addresses regulatory concerns and challenges over hazardous poisons. It complained that unfortunately the draft Pesticide Management Bill 2017 is almost similar to its 2008 version. Dr. D. Narasimha Reddy, Director of PAN India says, “this draft 2017 bill is almost similar to the 2008 version, which was rejected by farmers groups. The core principle of active regulation is missing in this draft, even while it ignores the need for price control, knowledge-based, participatory and sustained monitoring of toxicity and impacts. It merely lays down steps of registration that transition from paper-based procedure to digital system, without adding any facilitating provision for transparency, consultative and sharing mechanisms."
PAN India feels that it is high time for India to update its pesticide legislation and regulatory mechanisms with the objective of responding to its commitments made under Sustainable Development Goals and Agenda 2030. It is a fact that about 50 year old Insecticides Act 1968, together with Insecticides Rules 1971, that govern pesticide registration is unable to respond to various hazardous situations, toxicity implications and socio-economic issues thrown up by the harmful effects of the dangerous agro-chemicals. Lack of a 360 degree regulation of toxic pesticides has probably resulted in numerous pesticide poisoning incidents over the years, including the latest 2017 poisonings and deaths reported from Yavathmal in Maharashtra and Perambalur in Tamilnadu. This apart poisonous gas leak near Tughlaqabad Depot affecting innocent school children in Delhi among others calls for an improved pesticide regulatory framework with stricter and no-nonsense implementation in India.
Further, PAN India draws public attention to the process followed by the government on developing the bill is short on transparenncy. A stakeholders meeting with limited invitation was conducted on 11th January, 2018 to discuss the bill. Intimation about this consultation meeting was not widely circulated. However, it appreciates access to the minutes of this meeting on the web site of Department Of Agriculture Cooperation & Farmers Welfare. Be that as it may, it is interesting to note that only 12 State governments (including Andaman & Nicobar), out of 29, provided their inputs.
PAN India believes that a democratic process has to be followed when the stakes are high in regulating a sector that deals with dangerous chemicals such as pesticides. Consultations on the draft Bill have to be wider, inclusive with appropriate timelines and schedules. PAN India argues that more time, atleast 90 days, needs to be given for stakeholders to give their feedback. Current,15 days time period given for stakeholder comments is grossly insufficient.
PAN India stresses that the Pest Management Bill-2017 should be within the framework of international guidelines such as International Code of Conduct on Pesticide Management, the respective Guidelines on Highly Hazardous Pesticides, and Guidance on Pest and Pesticide Management-Policy Development put forth by Food and Agriculture Organization (FAO) and World health Organization (WHO) as well as other relevant international conventions, protocols and treaties related to pesticides and hazardous substances. The process of registration and review of pesticides must have to undergo a comprehensive public health risk and environmental risk assessments, need assessment, efficiency assessment, assessment of alternatives, etc. as per the respective guidelines.
Sri. Jayakumar Chelaton, Director of PAN India said, "Pesticide Management Bill 2017 is not inclusive and does not take cognizance of horrible experiences of Indian farmers and general people who are impacted by the toxicity, which is growing in tandem with the profits. Indian government representation in international conventions such as Rotterdam and Stockholm is at best based on adhocism. The proposed Central Pesticides Board does not have any function that links it to this process"
While the title of the draft bill says it is ‘a bill to regulate the import, manufacture, export, storage, sale, transport, distribution, quality and use of pesticides’, inside the content does not address the alarming scenario of pesticide use in India. It rather seems to promote or legalize various industry practices. PAN India in its research has established that pesticides use approved by CIB&RC and recommended by State Agriculture Departments or Universities as well as Commodity boards is not compliance with the specific use a particular pesticide is approved for. There is wide gap in registered purpose, recommended usage, package of practices and field applications. Sri. Dileep Kumar, Programme Coordinator of PAN India added "the link between package of practices and actual usage pattern of pesticides was not regulated before. This bill does not update itself on this aspect".
PAN India also feels that there should not be a provision in the bill such as ‘Protection of action taken in good faith’. Such a provision should not be allowed because, more than enough scientific and technical data and expertise available nowadays that should be consulted properly before arriving at a decision, especially when matters related to regulating pesticides. Regulators cannot merely make decisions based on ‘good faith’, rather it should be gone through a process based on accepted norms and standards put forth by Food and Agriculture Organisation, World health Organisation, Globally Harmonised System of Classification of Chemicals, as well as various relevant international conventions, protocols and treaties. Decision taken on good faith can be often biased, its better to rely on informed decision-making process.
PAN India believes that registration and use of highly hazardous pesticides should not be allowed in India. There is enough scientific data on their potential to cause acute as well as chronic human health and environmental impacts. The chronic ill effects of pesticides often are unable to cure at all, forcing the victims to lead a miserable life. Considering this factor, India needs to ban all highly hazardous pesticides and replace them with non-chemical alternatives. Ecological agriculture is the good option to move forward in this regard.
PAN India demands a proper democratic consultation process to make comprehensive pesticide regulatory legislation in India so as to safeguard its people from dangerous effects of pesticides as well as to protect environment from contamination and pollution. Provisions on regulating pesticides over their entire life cycle, polluter pays principle, liability, etc. need to be part of the Pesticide Management Bill.
For Further Details Contact: admin@pan-india.org
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Chemical leak in Delhi - PAN India urge to establish pesticide free buffer zones around schools
Press Release | 10th May, 2017
Toxic chemical leak in Delhi had left children breathless and in agony
Chemical leak near two schools in New Delhi reminds us of the urgent need to create chemical-free buffer zones around education institutions. This chemical leak incident that happened very close to two schools in the Tughlakabad area in Delhi, in the morning of 6th May 2017, had left children breathless and in agony.
According to reports, school going children inhaled a toxic chemical 2-Chloro-5-chloromethylpyridine, leaking from a truck parked in a container depot located near two schools in southeast Delhi’s Tughlaqabad area. More than 400 girls were immediately impacted and were hospitalised. Students of Government Girls Senior Secondary School (GGSSS) and Rani Jhansi School were taken to nearby hospitals as they complained of severe eye irritation and breathlessness. According to news reports, students complained of vomiting, coughing, and feeling uneasy and eye irritation.
School students under treatment in a hospital, Delhi. Source: PTI Photo
As reported, at least 487 school students and teachers and residents of a colony in Tughlaqabad fell sick on Saturday after inhaling fumes emanating from a liquid (2-Chloro-5-chloromethylpyridine).
The National Disaster Response Force had reported that the truck contained 80 cans of 2-Chloro-5-chloromethylpyridine. The truck was parked in the Tughlaqabad depot waiting customs clearance. Reports say the chemical container was imported from China and was to be taken to Sonepat in Haryana.
Chemical leaked in Delhi is used for manufacture of insecticides and pesticides
2-Chloro-5-chloromethylpyridine is used in the production of an insecticide imidacloroprid, which has been found to be extremely toxic to non-target insects and bees. According to Pubchem, an open chemistry database of US National Library of Medicine, 2-Chloro-5-chloromethylpyridine is a dangerous chemical having the potential to cause severe skin burns and eye damage.
Apparently, some quick action from school authorities, and NDRF, has contained the situation, and has saved children from serious impacts. However, medical parameters of the affected children need to be monitored for a longer period, to rule out chronic impacts. Incidentally, this happened in the heart of the Indian capital. One can only imagine what if the same leak happened near rural schools, or locations, which are far away from hospitals and rapid action teams. Is India ready to protect its children from chemical accidents, incidents and neglect of safety by the transporters, storage operators and chemical or pesticide users? India did not learn much from the Bhopal disaster in 1984.
Apart from the discussion whether the Delhi gas leak is a unfortunate incident or an accident, school going children are exposed to similar hazards on a daily basis in most rural areas across India, as pesticide sprays, often more dangerous than 2-Chloro-5-chloromethylpyridine. Children in schools located near agricultural fields, and plantations, inhale drift from pesticide sprays. Scientific research has established long back that children whose breath is faster than adults are likely to be impacted more severely.
Children impacted by toxic chemicals is an indication of negligence and failure of regulatory regime
Pesticide Action Network (PAN) India director C. Jayakumar said, “it is so sad that children had become victims of hazardous substances which are inputs in the manufacture of agrochemicals. Even after several incidents right from the Bhopal gas tragedy, our authorities have not realized the seriousness of the problem and are not taking measures to keep away hazardous chemicals from the vicinity of even education institutions in view of public health and safety”. Adding further, he said, “in India, we have successfully established tobacco and alcohol free zones around schools but failed to bring in such restrictions for more dangerous substances such as chemicals and pesticides.”
Pesticides free buffer zones around education institutions needed
Dr. Narasimha Reddy Donthi of PAN India pointed to the urgent need of establishing buffer-zones of at least a kilometre around education institutions and child care centres. Hazardous chemicals, pesticides and or raw materials used to produce such dangerous chemicals should not be stored, manufactured or used in any form near this safe zone.
Dileep Kumar A. D., Programme Coordinator of PAN India, said “carelessness of manufacturers, importers, transporters and users of hazardous chemicals and pesticides, and inaction of concerned authorities today compromises the safety of children. The future of nation is in the hands of children and therefore they should get a toxic free life and poison free environment to grow”.
PAN India urges the Central and State Governments to come up with stringent measures to keep away hazardous chemicals and pesticides from the vicinity of education institutions, to ensure safety of children. Considering public health and safety, authorities must come up with policies towards the establishment of pesticide-free buffer zones at least around schools while efforts should be taken to phase out production and use of agrochemicals.
Take action - Support call for pesticide free buffer zones around schools
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Protect Our Children From Toxic Pesticides
Support our call for pesticide-free buffer zones around schools.
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PAN Welcomes Listing of Pesticides under the Rotterdam Convention
Press Release | 6th May 2017
Pesticide Action Network (PAN) welcomes the positive outcomes and discussions at the 8th Conference of Parties (COPS) to the Rotterdam Convention that held from 24 April to 5 May 2017.
In particular, we are pleased that two pesticides, carbofuran and trichlorfon, were listed under the Rotterdam Convention. Carbofuran has caused many poisonings of both people and wildlife. Wpeste also welcome the serious discussion of gender issues, as the impact of chemicals on the health of women and children is too often ignored. Involving women in decision making and in programmes to reduce highly hazardous pesticides and to replace them with agroecology, is essential. We need policies to support women’s leadership in all levels and programmes to strengthen their capacity.
We welcome the recognition of the need to link human rights and sound management of chemicals and waste, and we would like to suggest that the next COPs has a paper on the implications of human rights on sound management of chemicals.
PAN is however, disappointed that we were excluded from important discussions on the effectiveness of the Rotterdam Convention. As CSOs, we have much to contribute in and we hope that CSOs will be included in the future work on this issue.
Moreover, we are very disappointed that paraquat dichloride and fenthion were not included in Annex 3 of Rotterdam Convention even though they met the criteria for the listing. Rotterdam facilitates information sharing and so we urge those countries who blocked their listing to go to fields and plantations and see the real impact of these pesticides on the health of workers, farmers and their communities and the environment and not just look at its narrow economic benefits.
Finally, in closing, we call on the Parties to the Conventions to respond positively to the request from The State of Palestine for assistance with the removal of banned pesticides and chemical waste, and with the implementation of sound management including monitoring and prevention of illegal traffic in chemicals and waste. In addition, a programme of monitoring and clean up is desperately needed.
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PAN India support listing of 5 pesticides in Anex III of Rotterdam Convention
Blog | 29th April 2017
PAN India support listing of all the five dangerous pesticides in the Annex III of Rotterdam Convention. The Prior Informed Consent (PIC) procedure of the Rotterdam Convention is a means for formally obtaining and disseminating information that was agreed by governments so that decisions can be made based on scientific information that are reviewed by a technical committee. Listing in the PIC list ensures information flow and is not a ban or restriction. The Convention promotes shared responsibility between exporting and importing countries in protecting human health and the environment from the harmful effects of such chemicals and provides for the exchange of information about potentially hazardous chemicals that may be exported and imported.
All five pesticides proposed for listing into the PIC list are registered for use in India (Ref.: Insecticides/Pesticides Registered under section 9(3) of the Insecticides Act, 1968 for use in the Country, as on 30th October, 2016). They are the following: 1. Fenthion, 2.Trichlorfon, 3. Paraquat dichloride, 4. Carbofuran, and 5. Carbosulfan (Refer table no. 1 given below to learn more on toxicological information, approved use in India and international regulatory status of these pesticides). Approved use of pesticides obtained from CIB&RC website shows two formulations of Fenthion, three formulations each of Trichlorfon and Carbosulfan, and one formulation each of paraquat dichloride and carbofuran are approved for use in India.
Research and documentation over the past couple of years revealed that use of pesticides in India is not complying with the national laws as well as the International Code of Conduct on Pesticides management. Safe use of pesticides cannot be expected under this approach. Farmers are not properly informed on the inherent risks of use of pesticides. They are neither trained on how to use pesticides nor on the use of personal protective equipments (PPE). Farmers lack access to PPE, apply pesticides without using recommended PPE and put themselves in danger in various ways. Use of pesticides in the ground is not complying with the national approved use. Farmers are ingrained in using pesticides, ignoring precautions and adopting practices that suit their capacities and resulted in unsafe, indiscriminate and illegal practices while non chemical alternatives are available. Entire chain of commercial pesticide supply is unregulated.
These facts necessitate sincere efforts from the government to protect its people and environment. Towards this, we urge the Government of India to support the listing of paraquat and all other four pesticides - Fenthion, Trichlorfon, Carbofuran, Carbosulfan- in the Annex III of the Rotterdam Convention, so as to facilitate the process of sharing information in international trade of such pesticides between parties and non parties to the Convention. Rotterdam Convention is only about prior informed consent. Listing of pesticides and chemicals in this Convention will help in arriving at informed decisions while handling such hazardous pesticides for both parties and non-party countries to the Rotterdam Convention, and thereby contribute to minimization of human and environmental hazards, addressing concerns over risk and hazards as well as achieving Sustainable Development Goals.
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New report reveals shocking reality of paraquat dichloride retailing on India
Press Release | 8th April 2017
This report presents kind of practices being pursued in selling paraquat dichloride, a toxic chemical, in India. Data collected from the State of West Bengal shows that practices are casual and basic, violating Indian national laws as well as the International Code of Conduct on Pesticides Management.
This study has noted a range of issues with regard to the retailing of paraquat dichloride in West Bengal. It ranges from selling products not authorised by the manufacturers, absence of mandatory labelling on certain products, recommendations for the use of paraquat on crops not included in the CIB&RC directive, inadequate information on PPE on the label, PPE not given or sold at the retail points and farmers not advised of its requirement, to decanting and selling in refill or empty bottles and plastic carry bags, without labels or instruction leaflets. Additionally, label information is not provided in the local language and there were wide variations in the cost of various brands, raising concerns about quality. Retail sale of paraquat and related practices noted in West Bengal are in violation of the Indian Insecticides Act and Rules as well as the International Code of Conduct on Pesticides Management. Central Insecticides Board and Registration Committee, the Central and State Agriculture Departments, manufacturers and retailers are responsible for enforcement of rules. However, these violations indicate lack of stringent regulation as well as monitoring and gross failure of the current regulatory mechanisms.
Illegal practices illustrated in the report reveal gross failure of the Indian pesticide regulatory system to rein in sellers and buyers. In a scenario of lax regulatory system and totally ignorant users, this report recommends immediate ban on the production, import, sale and use of paraquat dichloride in India, and adoption of non-chemical methods of weed management and agro-ecology.
Click to get the report
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Paraquat in India: too big a risk for farmers and workers
Press Release by PAN India, IUF, PAN Asia and the Pacific, Berne Declaration
Geneva, Penang, Thiruvananthapuram, Hyderabad, Zürich | April 23, 2015
A new report published today Conditions of Paraquat use in India shows that the herbicide paraquat is widely used under high–risk conditions in India. The report finds that rules and recommendations for paraquat use are often ignored, that users don’t have the required information, nor do they have the means to protect themselves from exposure. All of this violates the International Code of Conduct on Pesticide Management.
The victims are farmers and workers who are suffering from numerous adverse health effects caused by paraquat. The report’s publishers are therefore calling for paraquat to be included on a list (under the Rotterdam Convention) which allows governments much more control over its importation. Such a listing, say the publishers, would support developing countries to make an informed decision on allowing or not the importation of paraquat.
“Conditions of Paraquat Use in India” published by the IUF, Pesticide Action Network (PAN)Asia and the Pacific, PAN India and the Berne Declaration, shows the shocking reality about the use of paraquat in India. This highly hazardous herbicide is already banned in many countries around the world, including African and Asian countries, the European Union, and Switzerland, the home country of Syngenta, the main producer of paraquat. Nevertheless, it is still one of the world’s most widely used herbicides, especially in developing countries, where its use leads to the poisoning of countless workers and farmers.
The data, collected across six states in India, revealed that:
• paraquat is sold in plastic carrying bags
• even when it is sold in proper containers, many users can’t read the labels
• contrary to recommended use instructions, users mix it with other ingredients
• users apply it with leaking knapsack sprayers and use it on crops that the herbicide is not approved for
• personal protective equipment is nearly non-existent
These practices increase exposure and the risk to human health. As a result, farmers and workers suffer from headaches, vomiting, burning sensations, breathing difficulty, muscle pain and/or abdominal discomfort. Chronic exposure can lead to lung, brain or skin damage.
Paraquat is being used on about 25 crops (in the study area) while the Central Insecticide Board & Registration Committee (CIBRC) of India has approved its use on only nine crops. Furthermore, manufacturers of paraquat (including the main manufacturer Syngenta) have recommended its use on crops not approved by the CIBRC; this is in violation of the Indian Insecticides Act. The study also shows that the use of paraquat in India violates the International Code of Conduct on Pesticide Management; and under the Code manufacturers, distributors and relevant authorities have a duty to change this untenable situation.
From May 12-14, the delegates of the 154 parties to the Rotterdam Convention will meet in Geneva to vote on a proposal to list the most common paraquat formulation in Annex III of the Convention. The result of this study underlines the urgent need for such a listing, which will first of all facilitate information exchange about its characteristics, and help countries to make an informed decision about its importation. We call on all parties to support the listing, to give countries the possibility to act in a responsible manner, and to protect human health.
click to get the report
For more information:
C. Jayakumar, PAN India: Tel: +91 944 7016587; Email: jayakumar.c@gmail.com
Dr. Narasimha Reddy Tel: +919010205742; Email: nreddy.donthi@gmail.com
Sue Longley, IUF: Tel: +41 22 793 2233; Email: sue.longley@iuf.org
Sarojeni Rengam, PAN AP: Tel:+604 657 0271; Email: sarojeni.rengam@panap.net
François Meienberg, Berne Declaration: Tel: +41 44 277 70 04; Email: food@evb.ch
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